Emerson-Brantingham Co. v. Lyons

Citations

• 102 Kan. 733
• 172 P. 513
• 1918 Kan. LEXIS 130

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Written Contract ■— Provisions for its Termination — Cannot Be Varied by Parol Evidence. A written contract between a manufacturer of tractors and the distributors that either party might terminate the contract relation at any time by giving the other thirty days’ notice in writing of his intention to do so, which is definite and complete, cannot be contradicted, altered, or added to by parol evidence of concurrent or prior negotiations or understandings.</p> <p>2. Same — Sufficient Notice, of Termination Given. The notice given by one of the parties to the contract in question is held to be sufficient and effective to end the contract relation, and such party did not become liable to the other for damages through the exercise of the option provided .for in the contract.</p> <p>3. Written Order — By Employee to Employer — Created No Liability against Employer. A party may bind himself in writing to pay the debt of another and may make a binding promise to a debtor to pay his debt to a third person, but a written order by an employee to his employer to pay his creditor a sum of money out of the salary account of the employee does not create a liability against the employer and in favor of the creditor unless the employer agrees to honor the order or to make the payments.</p>